AMENDED IN ASSEMBLY APRIL 30, 2018

AMENDED IN SENATE JULY 10, 2017

AMENDED IN SENATE MARCH 29, 2017

SENATE BILL No. 174

Introduced by Senator Lara

(Principal coauthor: Assembly Member Carrillo)

January 23, 2017

An act relating to public utilities, making an appropriation therefor,

and declaring the urgency thereof, to take effect immediately. An act
to amend Sections 241 and 1020 of the Government Code, relating to
public employment.

legislative counsel’s digest

SB 174, as amended, Lara. Public utilities: settlement: 2015 power
outages: City of Long Beach. Public employment: eligibility.
Existing law provides that citizens of the state are all persons born
in the state and residing in it, except the children of transient aliens
and of alien public ministers and consuls, and all persons born out of
the state who are citizens of the United States and residing within the
state.
This bill would instead provide that citizens of the state are all persons
born in the state and residing in it and all persons born out of the state
who are citizens of the United States and residing within the state.
Existing law prohibits a person from holding a civil office if, at the
time of election or appointment, the person is not 18 years of age and
a citizen of the state, as defined.
This bill would instead provide that a person is eligible to hold an
elective civil office if, at the time of election, the person is 18 years of

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age and a citizen of the state. The bill would also provide that a person,
regardless of citizenship or immigration status, is eligible to hold an
appointed civil office if the person is 18 years of age and a resident of
the state. The bill would provide that a person appointed to civil office,
regardless of citizenship or immigration status, may receive any form
of compensation that the person is not otherwise prohibited from
receiving pursuant to federal law, including, but not limited to, any
stipend, grant, or reimbursement of personal expenses that is associated
with carrying out the duties of that office.
Existing law establishes the Public Utilities Commission and vests
the commission with regulatory jurisdiction and authority over public
utilities, including electrical corporations. Existing law places various
responsibilities upon the commission to ensure that public utility services
are provided in a manner that protects the public safety and the safety
of utility employees.
This bill would appropriate moneys resulting from a settlement
agreement between Southern California Edison Company and the
commission for power outages that occurred in the City of Long Beach
in the summer of 2015 to the City of Long Beach for certain public
infrastructure projects located in, or benefitting, areas affected by the
outages.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the City of Long Beach.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3 majority. Appropriation: yes no. Fiscal committee: yes
no. State-mandated local program: no.

The people of the State of California do enact as follows:

line 1 SECTION 1. The Legislature finds and declares all of the

line 2 following:
line 3 (a)  The State of California is the largest and most diverse state
line 4 in the nation, with a total population of almost 40 million people,
line 5 and a total immigrant population of about 10 million people from
line 6 over 60 different countries.
line 7 (b)  California prides itself on its great racial, ethnic, and
line 8 cultural diversity, and acknowledges that diverse backgrounds
line 9 benefit the state through providing a diversity of experiences and

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line 1 expertise, and this diversity is especially beneficial in creating

line 2 public policy that supports and protects all people.
line 3 (c)  California has made great strides in integrating our
line 4 immigrant population in all aspects, including passing laws that
line 5 authorize health care for all children, professional licenses,
line 6 driver’s licenses, college grants, loans, and in-state tuition for
line 7 eligible residents, regardless of their immigration status.
line 8 (d)  Californians are served by numerous local and state boards
line 9 and commissions that, together, cover a broad range of issues and
line 10 policy topics and oversee many of the programs and services
line 11 provided by the state, and these boards and commissions are
line 12 comprised of highly experienced, qualified individuals with a desire
line 13 to uphold the values and advance the work of the institutions they
line 14 serve.
line 15 (e)  California’s democratic values of equal representation are
line 16 upheld when our local and state government is diverse and
line 17 representative of the people who reside in the state, and access to
line 18 positions on governmental boards and commissions creates an
line 19 avenue for people from multiple backgrounds and different
line 20 experiences to serve the communities in which they live and
line 21 beyond.
line 22 (f)  It is the intent of the Legislature to remove barriers to service
line 23 and authorize all California residents, including those without
line 24 lawful immigration status, to serve on California’s diverse local
line 25 and state boards and commissions so that their perspectives and
line 26 voices are heard.
line 27 SEC. 2. Section 241 of the Government Code is amended to
line 28 read:
line 29 241. The citizens of the State state are:
line 30 (a)  All persons born in the State state and residing within it,
line 31 except the children of transient aliens and of alien public ministers
line 32 and consuls. it.
line 33 (b)  All persons born out of the State state who are citizens of
line 34 the United States and residing within the State. state.
line 35 SEC. 3. Section 1020 of the Government Code is amended to
line 36 read:
line 37 1020. (a)  A person is incapable of holding a eligible to hold
line 38 an elective civil office if if, at the time of his election or
line 39 appointment he is not election, the person is 18 years of age and
line 40 age and a citizen of the state.

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line 1 (b)  A person, regardless of citizenship or immigration status,

line 2 is eligible to hold an appointed civil office if the person is 18 years
line 3 of age and a resident of the state.
line 4 (c)  A person appointed to civil office, regardless of citizenship
line 5 or immigration status, may receive any form of compensation that
line 6 the person is not otherwise prohibited from receiving pursuant to
line 7 federal law, including, but not limited to, any stipend, grant, or
line 8 reimbursement of personal expenses that is associated with
line 9 carrying out the duties of that office.
line 10 SECTION 1. Moneys received by the Public Utilities
line 11 Commission pursuant to the “Settlement Agreement Between
line 12 Southern California Edison Company and the Safety and
line 13 Enforcement Division of the California Public Utilities
line 14 Commission Resolving Order Instituting Investigation I.
line 15 16-07-007” are hereby appropriated to the City of Long Beach to
line 16 be expended for public infrastructure projects that reduce the
line 17 emissions of greenhouse gases or promote energy efficiency and
line 18 that are located in, or benefitting, the areas affected by Southern
line 19 California Edison Company’s power outages in the City of Long
line 20 Beach on July 15 to July 20, 2015 and on July 20 to August 3,
line 21 2015.
line 22 SEC. 2. The Legislature finds and declares that a special statute
line 23 is necessary and that a general statute cannot be made applicable
line 24 within the meaning of Section 16 of Article IV of the California
line 25 Constitution because of the unique circumstances in the City of
line 26 Long Beach and the effects of the power outages of the summer
line 27 of 2015.
line 28 SEC. 3. This act is an urgency statute necessary for the
line 29 immediate preservation of the public peace, health, or safety within
line 30 the meaning of Article IV of the California Constitution and shall
line 31 go into immediate effect. The facts constituting the necessity are:
line 32 To ensure proceedings from the settlement agreement between
line 33 Southern California Edison Company and the Public Utilities
line 34 Commission for the power outages occurring in the summer of
line 35 2015 are provided to the City of Long Beach for public
line 36 infrastructure projects located in, or benefitting, areas affected by
line 37 the outage in an expeditious manner, it is necessary for this measure
line 38 to take effect immediately.

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